Polo v. Innoventions International, LLC

Elsa Polo appeals the district court’s grant of summary judgment in favor of Innoventions International, LLC (“Inno-ventions”). Polo originally filed suit in state court, but Innoventions removed the case to federal court pursuant to the Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4 (codified in scattered sections of 28 U.S.C.). After the parties engaged in some discovery, Innoventions moved for summary judgment, arguing that Polo lacked Article III standing. The district court agreed, and dismissed the case. We hold that upon determining that it lacked jurisdiction, the district court should have remanded the case to state court pursuant to 28 U.S.C. § 1447 (c). Accordingly, we reverse and remand to the district court.

FACTS AND PRIOR PROCEEDINGS

Elsa Polo sued Innoventions in California state court. She alleged several causes of action, including four class claims. The gravamen of her complaint was that Inno-ventions had marketed a product called DiabeStevia with “grossly misleading and exaggerated claims” concerning its use and effectiveness — in particular, with the claim that it could be used to treat diabetes. Based upon Polo’s…